Barnstable officer given probation in assault case

BARNSTABLE — An off-duty police officer accused of roughing up three preteen boys who were allegedly shooting paintballs at cars will be on court-ordered probation for a year.

HILARY RUSS

BARNSTABLE — An off-duty police officer accused of roughing up three preteen boys who were allegedly shooting paintballs at cars will be on court-ordered probation for a year.

Barnstable police Officer John O'Hare admitted that there were enough facts to find him guilty of three assault and battery charges against him.

Two mothers filed complaints against the 19-year veteran of the force. On New Year's Eve, at least one of their sons was allegedly shooting paintballs at passing cars — including O'Hare's personal vehicle — on Oak Street in Centerville. O'Hare dragged the boys out of the bushes and threw them to the ground, according to police reports. Juvenile complaints were filed against at least one boy, according to court records.

One 11-year-old boy was treated for a head injury, according to an ambulance report. His twin brother complained of neck pain. The third boy, a friend who was 10 at the time, suffered a fist-shaped bruise to the chest, according to the complaints.

By admitting to sufficient facts, O'Hare was able to get the case "continued without a finding" for one year, during which time he will have to complete anger management counseling and will be on probation. If he finishes the year without incident, the charges will be dismissed.

O'Hare's attorney and police brass defended him, touting his record of service and strong community ties, and saying there was more to the case than meets the eye. But the boys' mothers had mixed reactions at the outcome.

"He got a slap on the wrist. Not even — on his fingertips," said one. "If it was you or me, we would have been arrested."

The other mother referred to a 2003 assault and battery charge against O'Hare brought by a homeless woman. In that case, O'Hare completed pretrial probation for six months and the charge was then dismissed.

"I'm undecided," she said about her son's case. "Something has been done, if you want to look at it that way. But it's kind of the same something."

J. Albert Johnson, O'Hare's Boston-based defense attorney, said the outcome was tantamount to an acquittal and quicker than a trial.

"This is not an admission of guilt in any way, shape or fashion," Johnson said. "Had there been a trial, it would have shown that Officer O'Hare's actions were entirely appropriate under the circumstances."

The boys' behavior that night was extremely dangerous, Johnson said, and 44 citizens submitted affidavits in support of O'Hare.

"I was disappointed a criminal charge was even brought forward," said Barnstable Police Chief Paul MacDonald. "I'm even more disappointed that the case did not get a full trial. I do believe that Officer O'Hare would have been acquitted of all charges."

An internal police department investigation into the incident was initiated in January, and O'Hare was assigned to desk duty.

When criminal charges were filed, the department's investigation was suspended pending the outcome of the court case. With yesterday's resolution, O'Hare remains on desk duty while Barnstable police Sgt. John Walker re-opens the internal investigation. That may take about two weeks to complete, MacDonald said.

The continuation without a finding will not affect O'Hare's permit to carry a gun, which he needs to be on the force in Barnstable, MacDonald said.

One mom said she intends to file a civil suit. "I'm not letting him get away with what he did," she said. "He ruined my life, and my kids' (lives)."

The other mother said Monday's decision compelled her to consider a civil suit more seriously. Then again, she said, "a part of me kind of wants to let it go, because it continues to be how it was — hell on us."

One mom said her son continues to need medication to fall asleep at night. The other mother said her son is doing well, but is struggling to understand the incident.

"I think he's a little taken aback, as in, 'That's it? That's all that happens?'" she said. "I kind of said, 'Yes, unfortunately, it's a justice system that works and doesn't work. I guess it just depends on who you are.'"